Track Your Request
Track Your Request
+91-7604047602 Our Team About Us Legal Blog Free Legal Advice Login
Menu
Vidhikarya Text Logo
arrow_back

A BRIEF NOTE ON DOMESTIC VIOLENCE ACT: THE RIGHTS OF VICTIMS AND LIABILITIES OF RESPONDENTS OF


A BRIEF NOTE ON DOMESTIC VIOLENCE ACT: THE RIGHTS OF VICTIMS AND LIABILITIES OF RESPONDENTS OF

Protection of Domestic violence Act was enacted in 2005 to ensure the safety and security of women in shared household.  The Act recognises the physical, emotional, sexual,  verbal and economic abuse of women in shared households. Even the deprivation of maintenance allowance by the husband constitutes domestic violence. A suit under Domestic violence can be initiated even after divorce.

Remedies available to the aggrieved person;

Monetary relief: The aggrieved person is entitled to monetary relief under section 20 of this act which may also be in addition to the maintenance under section 125 of CRPC.

Right to custody of child: The aggrieved person may claim custody of her child under section 21 of the Domestic Violence Act.

Compensation for mental stress and emotional abuse can also be claimed under section 22 of the Domestic violence Act. It is worthy to note that a husband is not absolved of his liability under this act even after a Divorce decree has been granted.

Right to protection order under section 18 of the DWA: A breach of the protection order under section 18 by the respondent is an offence under section 31 of DWA and shall be punishable with an imprisonment upto 1 year or a fine of Rs. 20,000 or both. 

Right to residence order under section 19 of the DWA facilitate the undisturbed residence of the victim in the shared household. 

The enactment of Domestic violence Act marks a watershed in history while guaranteeing innocent women who are suffering exploitation and domestic violence in the Indian family structures their basic rights.

Posted On : November 4, 2020

Written By :
SP ASHWIN  BALAJI
SP ASHWIN BALAJI
Bangalore |

Recommended Free Legal Advices
question markAppeal/revision for interim order in DV act
In the instant matter if the interim maintenance was sought by your wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, then being governed by the provisions of Cr.PC, any order passed under the same would be subject to Revision.
question markDomestic Violence
Dear Client, You can file a complaint for Domestic Violence under the concerned act and file for Divorce. You should consult a lawyer for the same. Let us know if you require any further clarifications. Thank you!
question markUnbonding with wife
Dear Sir, If marriage is not consummated or any other medical grounds are there then he can file divorce which is called as annulment of marriage otherwise he has to wait for 1 year from the date of marriage then can file divorce on the ground of desertion and cruelty. I could have explained more if background is known to me. I am at your service if you visit my office. Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
question markMonthly allowance
If you are unemployed or have less salary which is not sufficient for your livelihood,then you are entitled to claim maintenance from your husband through application before the Judicial Magistrate Court u/s 125 Cr.P.C,1973 . Please further take note that if your husband is doing mental/physical torture and/ or cruelty and/or domestic violence upon you,then you are entitled to lodge FIR u/s 498A IPC,1860 and on proof his punishment shall be of imprisonment which may extend to three years and with fine.
question markDV case quashed under false grounds
Dear Sir, You may take same contention and get DV case filed by your mother-in-law dismissed. But, they may take contention that since a finding was given by the High Court so you are in occupation of such house which is not your matrimonial house so orders may be adverse to you. Alternatively you may prefer appeal against the orders passed by High Court against the quashing of DV filed by you. I could have explained more if background is known to me. I am at your service if you visit my office. Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.

Please enter the text

Categories

Civil(42)
Family(40)
News(2)
Others(14)
RTI(7)
Sale(5)
Tax(4)
Torts(4)
Will(4)
Writ(1)

Send your queries to

[email protected]
X
Consult Domestic Violence Lawyers from your City!
Post Your Matter
Post Your Matter to connect with the Lawyer online
Call 7604047602 for any assistance
Our Team
Lawyer Login
Be a Partner
Internship
Career

Download the Lawyers App on

Vidhikarya App on Android Platform
Contact Details
7604047602
[email protected]
No. 2, First Floor, Subharaj
Plot No. CE/1/C/19, Premises No. 18-0208,
Action Area- 1, New Town
Kolkata-700156